Harvey Updyke hospitalized, in compliance with Toomer's payments

Harvey Updyke, left, departs the Lee County Justice Center in Opelika with his bail bondsman and his attorney. AP Harvey Updyke, left, departs the Lee County Justice Center in Opelika, Ala., Monday, June 10, 2013 with his bail bondsman and his attorney. Updyke pleaded guilty in March to one count of unlawful damage of an animal or crop facility. He was sentenced to 6 months in jail and credited with 104 days for time already served. The oaks were removed in April. Under his probation, Updyke is forbidden from attending any collegiate sports event, will have a 7 p.m. curfew and is banned from Auburn University. (AP Photo/Dave Martin)(Photo: AP)

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WETUMPKA — Months after it was reported that he was not making the correct payments to the court for poisoning the Toomer's oaks at Auburn University, a recently hospitalized Harvey Updyke is now in compliance with his payment schedule.

During a hearing at the Elmore County Judicial Complex on Friday, Updyke's attorneys Andrew Stanley and Margaret Young Brown updated the court, saying he was now in compliance with his court-ordered payments for poisoning the trees following the Iron Bowl in 2010. He pleaded guilty to the poisoning in March 2013.

Back in December, Lee County Circuit Judge Jacob A. Walker III ordered that Updyke pay $700 in restitution or risk getting put back in jail. In September, it was revealed that Updyke had only paid $99 of his nearly $800,000 restitution since it was first ordered in November 2013. As of Friday, Updyke has paid an estimated $1,600 of the total restitution and is on a payment schedule of $350 to $400 per quarter.

"Mr. Updyke is meeting the terms of his probation with the current payment schedule and community service," Stanley said. "The judge has set another hearing six months from now."

Stanley said Updyke, who was scheduled to appear in court Friday, had been in the hospital due to cardiac issues. Stanley said once he and Brown provided documentation noting his condition, the court would excuse his absence.

"He has some medical issues," Stanley said. "He's been in the hospital for two days."

Stanley said Updyke has also been meeting the terms of his probation by doing community service at the Albany Police Department in Louisiana. He is currently paid $25 for every eight hours of service he does, which goes to the court.

"He picks up trash, he works on cars, he fixes the sink, anything the police department needs, he does," Stanley said.

Stanley said Updyke is currently trying to set up automatic payments to the Elmore County Circuit Clerk's Office from his pension account in Texas. Updyke is a retired Texas state trooper. However, Stanley said there have been statute issues with getting this done.